Judge rules former Lakeview teacher violated bond

A former St. Clair Shores middle school teacher accused of possessing child pornography violated bond by helping his ill father around the house instead of staying home, a Warren judge ruled Thursday.

Since June, Vincent John Battani, 26, of Warren, had been free on $10,000 bond but on a tether after prosecutors charged him with possession of child sexually abusive material, and using a computer to commit a crime. As a condition of his bond, he had been permitted to only leave home to take his father to medical appointments between 8 a.m. and 5 p.m., or to get groceries for him.

Battani taught at Jefferson Middle School for two years before submitting his resignation in April, effective at the end of the 2011-12 school year. However, school officials suspended him in May after learning from Warren police that he was the subject of a criminal investigation.

At 37th District Court on Thursday, Battani waived his right to a probable-cause hearing on the charges, both of them felonies, and was bound over to Macomb County Circuit Court for trial.

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When defense attorney Carl Marlinga said he planned to seek permission to have the tether on Battani be lifted, District Judge Matthew Sabaugh announced that the electronic monitoring company notified the court that Battani left home twice during July.

Battani admitted that he went to his parents’ home in Roseville, at their request, earlier this month. He cut the grass on one hot day, and another he helped break down large cardboard boxes and carried wheels from their basement.

“I was not under the impression I was violating (bond), or I never would have went,” he told the judge. “I am taking this seriously.”

“It’s not some bar,” Marlinga argued. “It’s not like he was sneaking out to hang around some high school. He was going out to help his aged father. I think that’s caregiving.”

Battani’s father said in court he would not have phoned his son to help with household tasks if it would have resulted in a bond violation, adding that his wife phoned court personnel three times for clarification about their son’s bond terms.

Macomb County Assistant Prosecutor Andrew Kassab countered that it appeared the parents were trying to get Battani out of his house and that they could have hired someone to cut their lawn.

“The public’s safety may be at risk,” Kassab added.

Sabaugh was irked by Battani leaving home, after learning that the Warren man’s mother, Donna Battani, could have tended to her husband’s medical needs including driving him to kidney dialysis sessions.

“It’s gone way off course,” the judge said. “I haven’t heard one thing about what he’s done to assist his father for his medical condition.”

Sabaugh set a new, higher bond at $25,000 cash or surety and ordered the Warren man to stay on house arrest if bail is posted for him. He reminded Battani to not use the Internet; have no contact with children; and to stay more than one-quarter mile from any school zone. Moments later, Battani was placed in the custody of Macomb County’s Sheriff’s deputies.

Outside the courtroom, Donna Battani cried.

“They are now blaming themselves for calling their son over,” Marlinga told The Macomb Daily. “They were absolutely stunned. No way they could foresee this request for help would cause this kind of difficulty.”

Marlinga said he plans to file a motion in Macomb County Circuit Court to have his client’s bail reduced.

The child pornography possession charge is punishable by up to four years in prison, a $10,000 fine, or both. The computer-related crime has a prison term of four to 10 years, a $5,000 fine, or both.

On May 24, Lakeview Public Schools officials sought and obtained a temporary restraining order against Battani in Macomb County Circuit Court amid concerns he may have used social media to communicate with students, parents or district employees. Judge Richard Caretti later entered a preliminary injunction prohibiting Battani from contacting such individuals.

In May 2011, Battani ran for a seat on the Roseville Board of Education but lost to incumbents Theresa Genest, Ruth Green and Gregory Scott with three, 6-year terms up for grabs.